RAJESH KUMAR C. Vs. PRASAD M. CHERIAN

JUDGEMENT

(1.) The petitioners, who are members of the 12th respondent-Primary Co-operative Agricultural and Rural Development Bank, Thiruvalla, have filed this writ petition seeking to call for the records leading to the acceptance of nominations of respondents 1 to 9 as their names were reflected in Exts.P3 and P7 by issuing a writ quashing the acceptance of their nominations.

(2.) The term of the Managing Committee of the 12th respondent-Bank is to expire on 23/11/2023. Ext.P1 Notification for election to the Managing Committee of the Bank was published and the polling is scheduled to be held on 3/11/2023. The petitioners state that 30 nominations were received. After scrutiny, the Returning Officer published final list, which contained 28 names.

(3.) The petitioners state that after the publication of Ext.P2 list, the Returning Officer enquired with the Secretary of the Bank regarding the loan outstanding position of the candidates and matters as regards their qualification to contest in election. The Secretary provided Ext.P4 information to the Returning Officer which showed that respondents 1 to 9 are either in default or suffer other disqualifications in terms of the provisions of the Kerala Cooperative Societies Act, the Rules and the Bye-laws of the Bank. The petitioners would urge that going by the information provided by the Secretary, acceptance of the nominations of respondents 1 to 9 by the Returning Officer is illegal and it is an improper exercise of power.